28 force at the date of any such grant, bargain and sale, feoffment, 29 deed of conveyance; mortgage, trust, release, assignment, instru30 ment, writing or other assurance, were particularly set forth 31 in the certificate thereof, and the instrument or writing had been 32 duly sealed by all the parties making and executing the same, and 33 it affirmatively appeared in such instrument, or writing, and the 34 certificate of acknowledgment thereto that the wife had made and 35 executed the same subsequent to the making and executing thereof 36 by the husband, and the record of the same duly made in the 37 proper office for recording deeds in deeds in the state of West 38 Virginia or in the state of Virginia before the forma39 tion of West Virginia; and exemplifications. of the same 40 duly certified shall be legal evidence in all cases in which the 41 original would be competent evidence. Provided, however, that 42 this act shall not apply to suits now pending and undetermined 43 or to any suit that may be brought within one year after the pas44 sage of this act, insofar as it amends existing laws, or to any such 45 deed, grant, bargain and sale, feoffment, mortgage, trust, release, 46 assignment, instrument, writing or other assurance of land, tene47 ments and hereditaments, or real estate whatsaever, or power of 48 attorney relating thereto, which has heretofore been declared or 49 held invalid by any court of competent jurisdiction. CHAPTER 64 (Senate Bill No. 90-Mr. Harmer.) AN ACT to amend and re-enact sections six and thirteen of chapter one hundred and thirty-nine of the code, and to add two new sections to be designated fourteen and fifteen, relating to judg ments. [Passed April 29, 1921. SEC. In effect ninety days from passage. Approved by the Be it enacted by the Legislature of West Virginia: That sections six and thirteen, of chapter one hundred and thirtynine of the code, be amended and re-enacted and two new sections added, to be designated fourteen and fifteen. Section 6. No judgment shall be a lien on real estate as 2 against a purchaser thereof for valuable consideration without 3 notice, unless it be docketed according to the third and fourth 4 sections of this chapter, in the county wherein such real estate 5 is, before a deed therefor to said purchaser is delivered for 6 record to the clerk of the county court. Provided, that no judg7 ment which is lien on real estate shall continue a lien on such 8 real estate, in case execution issued thereon, unless the execu9 tion issued on said judgment, or a copy thereof be filed in the 10 office of the clerk of the county court, wherein such real estate 11 is situated, within ten years from the date of said judgment or 12 in case other executions have theretofore issued on said judgment, 13 then within ten years from the date of the last execution so 14 issued thereon. And it shall be the duty of the clerk of the 15 county court wherein such real estate is situated to note on the 16 page of the judgment docket where such judgment is docketed, 17 the date on which said execution was issued and the date of the 18 filing of the same in said office, and for said service the clerk 19 shall receive a fee of twenty-five cents to be paid by the person 20 filing such execution or copy. Sec. 13. There shall be kept in the office of the clerk of the 2 county court of each county of this state a book to be called the 3 "Lis pendens record," which shall be a public record. Sec. 14. Whenever any person hereafter shall commence a suit, 2 action, attachment, or other proceeding, whether at law or in equity, 3 to enforce any lien upon, right to, or interest in designated real es4 tate, it shall be the duty of the plaintiff, at the time of filing the 5 complaint, and of the defendant, at the time of filing his answer, 6 when affirmative relief is claimed in such answer, to file for rec7 ordation with the clerk of the county court of each county where 8 the real estate sought to be affected is situated, a memorandum or 9 notice of the pendency of the action, stating the title of the cause, 10 the court in which it is pending, the names of all the parties to 11 such suit, a description of the real estate to be affected, the nature 12 of the lien, right or interest sought to be enforced against the 13 same, and the name of the person whose estate therein is intended 14 to be affected. The clerk of every such county court shall, with15 out delay, record the said memorandum in said "Lis pendens 16 record," note upon the record the day and hour when said notice 17 was filed and recorded, and index the same in the names of the 18 parties. For the service so performed the clerk of said county court 19 shall be entitled to receive a fee of one dollar, payable in advance 20 by the person presenting such notice for recordation. Sec. 15. Until the notice required by this act has been filed 2 with the proper clerk, the bringing of any suit, action, attachment 3 or other proceeding for any of the purposes mentioned in the 4 preceding section, shall not operate as constructive notice of the 5 pendency of such suit or other proceeding, nor have any force or 6 effect as against pendente lite purchasers or encumberancers of 7 said real estate, for a valuable consideration and without notice; 8 provided, however, that where the lien, right or interest asserted 9 in the suit is based upon a claim which has been recorded, ac10 cording to law, in the office of the clerk of the county court of the 11 county wherein the real estate is situated, and has thus become 12 matter of public record, the failure to file the notice herein re13 quired shall not operate to defeat the enforcement of such lien, 14 right or interest in the real estate. CHAPTER 65 (Senate Bill No. 118-Mr. Morton.) AN ACT relating to liens, reserved on the face of conveyances of real estate, or created by deeds of trust or mortgages thereon, and fixing limitations as to the period of time within which the same may be enforced. [Passed April 27, 1921. In effect ninety days from passage. without the approval of the Governor.] Became a law twenty years from date on which obligation becomes due; to apply to existing liens; exceptions; inconsistent acts repealed. Virginia: Section 1. That no lien, reserved on the face of any conveyance 2 of real estate, or lien created by any deed of trust or mortgage on 3 real estate, shall be valid or binding as a lien on such real 4 estate, after the expiration of twenty years from the date on 5 which the debt or obligation secured thereby becomes due; and 6 the provisions of this act shall apply, with like effect, to every 7 such lien now existing, as well as to every such lien hereafter re8 served or created. Provided, however, that the said limitation 9 of twenty years prescribed by this act shall not be so construed 10 as to apply to any suit, now pending and undetermined, or to 11 any suit or lawful proceeding, commenced within two years from 12 the time when this act shall go into effect, for the enforcement 13 of any such lien, otherwise legally enforceable but for said lim14 itation. 15 All acts and parts of acts, inconsistent herewith, are hereby re16 pealed. CHAPTER 66 (House Bill No. 531-Mr. Midelburg.) AN ACT to amend section eight and section eleven of chapter one hundred and twenty-seven of the code of West Virginia, relating to the abatement, revival and discontinuance of actions. [Passed April 28, 1921. SEC. 8. In effect ninety days from passage. the Governor May 3, 1921.] SEC. be done. Approved by Discontinuance of cases, when court 11. Re-instatement of cases, when may may order; publication of order. Be it enacted by the Legislature of West Virginia: That section eight and section eleven of chapter one hundred and twenty-seven of the code of West Virginia, be amended and re-enacted so as to read as follows: Section 8. Any court in which is pending any case wherein for 2 more than two years, there has been no order or proceeding but to 3 continue it, or wherein the plaintiff is delinquent in the payment 4 of accrued court costs, may, in its discretion, order such case to be 5 struck from its docket; and it shall thereby be discontinued. A 6 court making such order may direct it to be published in such 7 newspaper as it may name. Sec. 11. Any court may on motion, re-instate on the trial dock2 et of the court any case dismissed, and set aside any non-suit that 3 may be entered by reason of the non-appearance of the plaintiff 4 within three terms after the order of dismissal may have been made, 5 or order of non-suit entered; but any such order of re-instatement 6 shall not be entered until the accrued court costs is such case shall 7 have been paid. CHAPTER 67 (Senate Substitute for House Bill No. 43.) (By the Committee on the Dudiciary.) AN ACT to amend and re-enact sections twenty-two and twentythree of chapter one hundred and sixteen of the code of West Virginia, relating to the pay of grand and petit jurors. [Passed April 22, 1921. In effect ninety days from passage. Governor April 29, 1921.] Approved by the jurors; per diem in felony cases; no per diem unless actually attending court house; jury fee taxed as costs; disposition of jury fee; clerk's and sheriff's duty as to jury fees. Be it enacted by the Legislature of West Virginia: That sections twenty-two and twenty-three of chapter one hundred and sixteen of the code, be amended and re-enacted so as to read as follows: Section 22. Every person who shall serve upon a grand jury 2 shall be entitled to receive for such services not less than two 3 dollars nor more than three dollars and fifty cents, to be fixed 4 by the court, for each day he may so serve, and in addition there5 to the same mileage as allowed to witnesses, to be paid out of the 6 county treasury. But he shall not be paid for more than four 7 days services at any one term of the court, except in the counties 8 of Harrison, Kanawha, McDowell, Fayette, Cabell, Marshall, 9 Marion, Mercer, Wood, Ohio, Mingo, Monongalia, Preston and 10 Summers, where such grand jurors shall not be paid for more 11 than ten days services for any one term of court. Sec. 23. Any person summoned as aforesaid, by virtue of a 2 venire facias or otherwise, to serve as a petit juror, and actually 3 attending upon the court, or attending at the court house, at 4 the time summoned, whether he be called to serve on a jury or 5 not, shall for each day he so attends, be entitled to receive not 6 less than two dollars and not more than three dollars and fifty 7 cents, to be fixed by the court, and the same mileage allowed to 8 witnesses, to be paid out of the county treasury. The judge of 9 the court shall fix the compensation for grand and petit jurors, 10 as provided for above, by an order entered of record in said 11 court. Provided, that for any day that any person shall be sworn 12 to serve as a juror on a case of felony he shall, for that day, and 13 any other days he may so serve on such case, be paid three dol |